January 2004 Premier Auction

Berner’s Auction Gallery Terms & Conditions
1. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Berner’s Auction Gallery attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 937-325-9925. We do not give refunds! All sales are final!

2. All property is sold "AS IS, WHERE IS" and neither Berner’s Auction Gallery nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding condition should call.

3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Berner’s Auction Gallery's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Berner’s Auction Gallery sale record is conclusive.

4. The purchaser assumes full responsibility for items at the fall of the hammer.

5. As a convenience to customers, absentee bids and phone bids will be executed by Berner’s Auction Gallery personnel in a fair, competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Berner’s Auction Gallery will not be responsible for failure to execute absentee or phone bids.

6. There will be a buyers premium of 17% for Internet bidders added to the hammer price of each lot and it will be considered part of the total purchase price.

7. All purchases will be subject to a 7% Ohio sales tax unless the purchaser possesses a valid tax-exempt number. Out of state internet bidders are not subject to Ohio sales tax. Berner’s Auction Gallery must have a blanket exemption certificate with permit number and signature on any tax exempt sale except for out of state internet bidders.

8. PAYMENT - For items bought through EBay Live Auctions, it is the buyer's responsibility to contact Berner’s Auction Gallery Center via telephone 937-325-9925 or email at berners@voyager.net to arrange payment. Berner’s Auction Gallery will email an invoice to you within 3 days from the date of the sale. We accept cashiers check, traveler's check, money orders, wire transfers, Visa, MasterCard, or American Express. If you have not contacted Berner’s Auction Gallery to arrange payment within 24 hours of time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. Failure to make payment arrangements within 7 days following the auction will result in a NPB being placed on your Ebay account. We reserve the right to require bank checks or certified checks for large purchases

9. SHIPPING - Berner’s Auction Gallery will ship through the Heart of Ohio Antique Center. However we reserve the right to use a third party shipper at our discretion due to limitation of in-house shipping. It is the buyer's responsibility to pay all fees associated with shipping and packing. Estimates are available contact us at berners@voyager.net. All property should be removed from our premises no later than 4:00 P.M.. of the fifth business day following the end of the auction. Unless prior arrangements have been made with Berner’s Auction Gallery, items not removed by the specified time will be charged storage and handling fees of $10.00 per item per day until removal. Please note that removal deadlines are strictly enforced.

10. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.

11. Berner’s Auction Gallery reserves the right to withdraw any lot at any time before the auction without liability.

12. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.

13. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price, Estimates are simply an opinion.

14. If any applicable conditions herein are not complied with by the purchaser, Berner’s Auction Gallery at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.

15. These terms and conditions of sale, as well as the respective rights and obligations of Berner’s Auction Gallery and any purchasers or bidder at any sale of Berner’s Auction Gallery, shall be governed by and construed and enforced in accordance with the laws of the State of Ohio.

16. The auctioneer is licensed and regulated by The Ohio Department of Agriculture. Auction Division

All purchases will be subject to a 7% Ohio sales tax unless the purchaser possesses a valid tax-exempt number.